After marriage, what forms need to be submitted? [merged threads]

[Ms. Clarke 32]

My spouse came over and we are now married. What forms to send now ? 

[Ms. Clarke 32]

On 8/8/2023 at 8:58 AM, Sarge2155 said:

Hello August 2023 AOS filers another month another round of AOS submissions,  Please be aware that this checklist is NOT all-inclusive and you must consult the USCIS website to crosscheck this checklist against/with. The AOS process has been confusing since the pandemic hit, not to mention the added politics. So please I want to stress that you only use this check sheet as a starting point and guide if you will. The USCIS site will be the final guide. Please ensure that you check your forms for the correct versions and editions because if you use the wrong forms USCIS will reject your application and send it back to you. This is easily checked on the USCIS website prior to downloading your forms. You should also ONLY download your forms from the USCIS website.  The current and correct fees can also be ascertained from the USCIS website.

 

Just a side note before we get started  USCIS may decouple Forms I-765 and Form I-131 if filed jointly with Form I-485. Here is the quoted text taken directly from the USCIS website. "To improve efficiency and reduce Form I-765 processing times for Form I-485 applicants, USCIS may decouple Form I-765 from Form I-131 filed at the same time. Effective Feb. 1, 2022, when possible, we will adjudicate an applicant's Form I-765 first. If we approve it, we will issue an Employment Authorization Document without any notation about advanced parole. We will adjudicate Form I-131 separately and if we approve it, we will issue an advance parole document". I know this is old news, but I thought it would be good to include it here for your knowledge.

 

What this means is some people elect to include three (3) copies of their marriage license/certificates one attached to each form (I-485, I-765 and I-131 respectively). I do not know of anyone receiving an RFE for a marriage license/certificate missing on the I-765 or the I-131 since USCIS has started doing this new way of adjudicating the AOS (the marriage license/certificate with form I-485 is required though). This is an age-old concern that has been in play before this new way USCIS started adjudicating these forms. Some filers including me when I filed the AOS back in 2019 sent in three (3) copies of their marriage licenses/certificates. I did it then because of peace of mind and there were some RFEs given out for missing licenses/certificates (back then).  USCIS also used to issue Combo Cards, Employment Authorization Document, and Advance Parole (EAD and AP combined in the same card). I've seen now where they have issued an EAD without the AP.  Whether you include three (3) copies of your marriage license/certificate is going to be your individual call when you file your AOS.  Having said that let's get into the checklist: 

 

 

AOS Checklist

• Cover Letter listing Table of Contents
• Check Payable to U.S. Department of Homeland Security - $1,225.00 (this includes the Bio-metrics fee,  also be aware that fees are supposed to increase in the near future so please double-check before you send your packet off!) 

 

Form I-485 (completed and signed by non-US Citizen/beneficiary)

• Form G-1145  
• Copy of beneficiary's Passport with biographical page 
• Copy of beneficiary's K1 Visa from Passport and entry stamp 
• Copy of NOA2 Approval letter (from K1 process) 
• I-94 
• Copy of beneficiary's Birth Certificate 
• translation of birth certificate (if needed)
• Certified copy of Marriage License or Certificate
• Passport Photos (2) name written on the back 
• Copy of DS-3025   

 

Form I-864 (completed and signed by USC) (goes with form I-485)

• Proof of USC's citizenship (copy of birth certificate, copy of passport bio page, or other)
•  Current tax year 2022 and (optional 2021, 2020) Tax Return (with W-2) or Transcripts (transcripts are better if you can get them)
• Employment Verification Letter (updated one - not the one used during the K1 process) 
• Pay stubs (last 3 months)   

 

Form I-765 (completed and signed by non-US Citizen/beneficiary)

• Copy of beneficiary's Passport with biographical page 
• Copy of beneficiary's K1 Visa from Passport and entry stamp 
• I-94 
• Passport Photos (2) name written on the back 
• Copy of NOA2 (from K1 process)
• Be sure to use the correct filing code of (c)(9) if this code applies to you. The I-765 instructions explain all the codes in detail. If you are filing under a different code (other than (c)(9) the fee for your AOS will not be correct and USCIS will reject your entire packet.

 

Form I-131 (completed and signed by non-US Citizen/beneficiary)

• Copy of beneficiary's Passport with biographical page 
• Copy of beneficiary's K1 Visa from Passport and entry stamp 
• I-94 
• Passport Photos (2) name written on the back 
• Copy of NOA2 (from K1 process    

 

Be sure to double-check for the current fees as fees do sometimes increase and they can change on a dime so please check. Additionally, check the forms as listed above i.e., current version and or edition date, there have been many changes to various forms. Consider sending tax transcripts instead of the 1040, and W2s. Also, consider preparing a cover letter for each form in addition to the main cover letter. 

Make sure you send long-form birth certificates and not the short form.  Hope this helps in your preparation of your AOS. When in doubt ask questions.

 

Please consider filing the I-131 and the I-765 even if you don't think you'll need them right now. You never know what changes your life will have down the road, so I recommend you file these two forms from the start. There is no extra charge to file them with your AOS and it's better to submit them all at once.  There has been much confusion coming out of USCIS, partly due to Covid-19 and partly self-inflicted. This confusion filters on down to the people filing for AOS. The above listing is subject to change at a moment’s notice so please check, recheck, and check again BEFORE you send off your packet for any last-minute changes.

 

 

Congratulations on the successful submission of your AOS packet!

Hello everyone this is what I need to do after my spouse came over and we are married? 
 

[Ms. Clarke 32]

I-693 report of immigration medical examination and vaccination record must be submitted with I-485? 

[Ms. Clarke 32]

Form I-485 question part 2 , 2? 
mare you applying for adjustment based on the immigration and nationality act section 245(i) ??

how do you know ? And if yes it says u need a supplement A? Can someone explain this to me better? 

[Timona 4,207]

Guide is on top right hand corner 

[biscoito1r 73]

14 hours ago, Ms. Clarke said:

Hello everyone this is what I need to do after my spouse came over and we are married? 
 

Yes

 

14 hours ago, Ms. Clarke said:

I-693 report of immigration medical examination and vaccination record must be submitted with I-485? 

yes

 

13 hours ago, Ms. Clarke said:

Form I-485 question part 2 , 2? 
mare you applying for adjustment based on the immigration and nationality act section 245(i) ??

how do you know ? And if yes it says u need a supplement A? Can someone explain this to me better? 

Quote

The Immigration and Nationality Act was enacted in 1952, while Section 245(i) was included by Congress in 1994. Section 245(i) aims to provide undocumented immigrants with a legal means of changing their unlawful status to lawful status and obtaining lawful permanent residence

So it doesn't apply to your spouse. Check the guide :

https://www.visajourney.com/guides/adjustment-of-status-k1-k3-visas/

 

And here are some examples but don't use these forms as they are expired, use the one downloaded from the USCIS website

https://www.visajourney.com/forms/examples/

 

[Ms. Clarke 32]

Good day all,  , I think I have an issue but I am not sure. My spouse I-94 expired back in march. But we are stArting to fill this month. Will my spouse be rejected ? 

[biscoito1r 73]

1 hour ago, Ms. Clarke said:

Good day all,  , I think I have an issue but I am not sure. My spouse I-94 expired back in march. But we are stArting to fill this month. Will my spouse be rejected ? 

Not as long as you got married before the expiration date. If you got married after the deadline you'll need to file I-130 I believe.

[Chancy 6,241]

*** Post & replies split off from August filers thread in another sub-forum.  Please post questions about your situation in this thread. ***